About First Degree Murder

Here is what the Legal Encyclopedia has to say as quoted on answers.com. I have excerpted portions for purposes of fair use and to remove the unnecessary. If you want, go to the cited URL to see the definition in its entirety.

The precise definition of murder varies from jurisdiction to jurisdiction. Under the common law, or law made by courts, murder was the unlawful killing of a human being with malice aforethought. The term malice aforethought did not necessarily mean that the killer planned or premeditated on the killing, or that the killer felt malice toward the victim. Generally, malice aforethought referred to a level of intent or recklessness that separated murder from other killings and warranted stiffer punishment.

The definition of murder has evolved over several centuries. Under most modern statutes in the United States, murder comes in four varieties: (1) intentional murder, (2) a killing that resulted from the intent to do serious bodily injury, (3) a killing that resulted from a depraved heart or extreme recklessness, and (4) murder committed by an accomplice during the commission of, attempt of, or flight from certain felonies.

Some jurisdictions still use the term malice aforethought to define intentional murder, but many have changed or elaborated on the term to describe more clearly a murderous state of mind. California has retained the malice aforethought definition of murder (Cal. Penal Code § 187 [West 1996]). California also maintains a statute that defines the term malice. Under section 188 of the California Penal Code, malice is divided into two types: express and implied. Express malice exists "when there is manifested a deliberate intention unlawfully to take away the life of a fellow creature." Malice may be implied by a judge or jury "when no considerable provocation appears, or when the circumstances attending the killing show an abandoned and malignant heart."

Many states use the California definition of implied malice to describe an unintentional killing that is charged as murder because the defendant intended to do serious bodily injury or acted with extreme recklessness. For example, if an aggressor punches a victim in the nose, intending only to injure the victim's face, the aggressor may be charged with murder if the victim dies from the blow. The infliction of serious bodily injury becomes the equivalent of an intent to kill when the victim dies. Although the aggressor did not have the express desire to kill the victim, the aggressor in such a case would not be charged with assault, but murder. To understand why, it is helpful to consider the alternative. When a person dies at the hands of an aggressor, it does not sit well with the public conscience to preclude a murder charge simply because the aggressor intended only to do serious bodily injury.

A person who unintentionally causes the death of another person also may be charged with murder under the depraved-heart theory. Depraved-heart murder refers to a killing that results from gross negligence. For example, assume that a man is practicing shooting his firearm in his backyard, located in a suburban area. If the man accidentally shoots and kills someone, he can be charged with murder under the depraved-heart theory…

Most states divide the crime of murder into first and second degrees. In such states any intentional, unlawful killing done without justification or excuse is considered second-degree murder…Second-degree murder can be upgraded to first-degree murder, a more serious offense than second-degree murder, if the murder was accomplished with an aggravating or a special circumstance. An aggravating or a special circumstance is something that makes the crime especially heinous or somehow worthy of extra punishment…

If a murder does not qualify by statute for first-degree murder, it is charged as second-degree murder. A second-degree murder may be downgraded to manslaughter if mitigating factors were involved in the killing, such as adequate provocation by the victim or the absence of intent or recklessness on the part of the defendant.

The best defenses to a murder charge are provocation and self-defense. If the defendant acted completely in self-defense, this may relieve the defendant of all criminal liability. If it does not relieve the defendant of all liability, self-defense at least may reduce the charge from murder to manslaughter. Provocation rarely results in complete absolution, but it may reduce the defendant's criminal liability…

“Homicide” is simply the killing of another human being. It is non-specific. “Murder” is a form of homicide. This is similar to a square being a form rectangle.

: homicide committed by a person with a criminal state of mind (as intentionally, with premeditation, knowingly, recklessly, or with criminal negligence)

: homicide that is committed by accident or misfortune by a person doing a lawful act by lawful means with usual and ordinary caution and without any unlawful intent and that is excused under the law with no criminal punishment imposed; also : JUSTIFIABLE HOMICIDE in this entry

: homicide that occurs as the result of an accident caused by a person doing a lawful act with no unlawful intent

: homicide that is committed in self-defense, in defense of another and esp. a member of one's family or sometimes in defense of a residence, in preventing a felony esp. involving great bodily harm, or in performing a legal duty and that is justified under the law with no criminal punishment imposed; also : EXCUSABLE HOMICIDE in this entry

NOTE: In Illinois, involuntary manslaughter committed by use of a motor vehicle is called reckless homicide.

Each jurisdiction has its own definition. In general, the laws are similar from state to state.

For first degree murder we look to the Illinois Compiled Statutes Annotated for the relevant law which is codified as 720 ILCS 5/9-1.

(a) A person who kills an individual without lawful justification commits first degree murder if, in performing the acts which cause the death:

(1) he either intends to kill or do great bodily harm to that individual or another, or knows that such acts will cause death to that individual or another; or

(2) he knows that such acts create a strong probability of death or great bodily harm to that individual or another; or

(3) he is attempting or committing a forcible felony other than second degree murder.

(b) Aggravating Factors. A defendant who at the time of the commission of the offense has attained the age of 18 or more and who has been found guilty of first degree murder may be sentenced to death if:

(5) the defendant committed the murder pursuant to a contract, agreement or understanding by which he was to receive money or anything of value in return for committing the murder or procured another to commit the murder for money or anything of value; or

(11) the murder was committed in a cold, calculated and premeditated manner pursuant to a preconceived plan, scheme or design to take a human life by unlawful means, and the conduct of the defendant created a reasonable expectation that the death of a human being would result therefrom; or

(14) the murder was intentional and involved the infliction of torture. For the purpose of this Section torture means the infliction of or subjection to extreme physical pain, motivated by an intent to increase or prolong the pain, suffering or agony of the victim; or

(16) the murdered individual was 60 years of age or older and the death resulted from exceptionally brutal or heinous behavior indicative of wanton cruelty; or

(17) the murdered individual was a disabled person and the defendant knew or should have known that the murdered individual was disabled. For purposes of this paragraph (17), "disabled person" means a person who suffers from a permanent physical or mental impairment resulting from disease, an injury, a functional disorder, or a congenital condition that renders the person incapable of adequately providing for his or her own health or personal care; or

(21) the murder was committed by the defendant in connection with or as a result of the offense of terrorism as defined in Section 29D-30 of this Code [720 ILCS 5/29D-30].

The court shall consider, or shall instruct the jury to consider any aggravating and any mitigating factors which are relevant to the imposition of the death penalty. Aggravating factors may include but need not be limited to those factors set forth in subsection (b)…

The burden of proof of establishing the existence of any of the factors set forth in subsection (b) is on the State and shall not be satisfied unless established beyond a reasonable doubt.

I have left out various portions of the statute which I felt were unnecessary. The full text of 720 ILCS 5/9-1 is available here.

To even consider a case of first degree murder, certain elements must be present. These are gleaned from the statute above:

1. Someone has to be killed by someone else who had no lawful justification (e.g., self-defense)

2. The killer intended to kill or cause great bodily harm or knew that his actions would:

3. If you can demonstrate 1 and 2, then the aggravating factors, which can lead to a death sentence, include:

b. the killer was to receive anything of value, including money, for the killing

c. the killer killed based on a cold, calculated plan intended to take a life and the killer’s conduct created a reasonable expectation that the killing would occur

d. the killer intended to kill and involved extreme physical pain, motivated by an intent to prolong the misery of the victim

e. the victim was age 60 or more and the killing involved behavior indicative of wanton cruelty

Inflected Form: plural men·tes re·ae /'men-"tEz-'rE-"E, 'men-"tAs-'rA-"I/

: a culpable mental state; especially : one involving intent or knowledge and forming an element of a criminal offense <murder contains a mens rea element> —compare ACTUS REUS

Putting the mental state together with the definition of the act of murder, which one must, the issue becomes did the perpetrators intend to kill or cause great bodily harm or know that their actions would:

An outline of Illinois Criminal Law is available here. It appears to be a useful overview.

[i] "murder." West's Encyclopedia of American Law. The Gale Group, Inc, 1998. Answers.com 17 Jul. 2006. http://www.answers.com/topic/murder

[ii] http://dictionary.reference.com/search?q=homicide